-
Original Date Announced
August 15, 2017ICE issues guidance to OPLA attorneys implementing Executive Order 13768 on interior enforcement. The guidance revises enforcement priorities, directs the Office of Chief Counsel to review all previously administratively closed cases, states that prosecutorial discretion is not to be exercised in favor of leniency (except for members of the military and their family members), and announces a general policy of opposing motions to reopen. [ID #270]
Go to article on prisonlegalnews.orgEffective Date
August 15, 2017Subsequent Trump-Era and Court Action(s)
-
August 18, 2021
2021.08.19 Texas v. US preliminary injunction decision
On August 19, 2021, Judge Drew B. Tipton of the U.S. District Court for the Southern District of Texas, Victoria Division, enjoined the Biden administration's Jan. 20 and Feb. 18 guidance on enforcement priorities. Texas v. U.S., No. 6:21-cv-00016 (S.D. Texas, Aug. 19, 2021).
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document -
September 15, 2021
2021.09.15 Texas v. US 5th Circuit Stay Order
On September 15, 2021, a panel of the Fifth Circuit issued an order granting in part the government's request for a stay of Judge Tipton's order enjoining the Biden administration's Jan. 20 and Feb. 18 enforcement priority memos. The memos can go into effect, except to the extent that the government seeks to rely on them to decline to detain noncitizens who are subject to mandatory detention (individuals "described in 1226(c)(1) against whom detainers have been lodged or aliens who fall under section 1231(a)(1)(A) because they have been ordered removed"). The court stayed the remainder of Judge Tipton's injunction until the merits appeal.
On November 30, 2021, the en banc Fifth Circuit vacated the panel's stay and assigned the merits appeal to a future panel. (Texas v. U.S., Case No. 21-40618, Document No. 00516112252, Nov. 30, 2021).
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document
Biden Administration Action: Revoked/Replaced
January 20, 20212021.01.20 Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On January 20, 2021, DHS issued a policy memo rescinding and suspending the Trump-era policy memo.
View DocumentBiden Administration Action: Revoked/Replaced
January 20, 2021Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On January 20, 2021, President Biden issued Executive Order 13993 which revoked the Trump administration’s EO 13768.
View DocumentBiden Administration Action: Revoked/Replaced
May 27, 20212021.05.27 Interim Guidance to OPLA Attorneys Regarding Civil Immigration Enforcement and Removal Policies and Priorities
This Biden administration policy furthers the previously mentioned Biden administration action revoking in its entirety the Trump-era policy identified in this entry.
On May 27, 2021, ICE issued guidance to OPLA attorneys regarding enforcement priorities. In contrast to the previous Trump-era guidance, this document emphasizes the use of prosecutorial discretion when appropriate.
View DocumentBiden Administration Action: Revoked/Replaced
September 30, 20212021.09.30 Guidelines for the Enforcement of Civil Immigration Law
This Biden administration policy revokes and modifies the Trump-era policy identified in this entry.
On September 30, 2021, DHS Secretary Mayorkas issued a memorandum explaining that ICE should use prosecutorial discretion to focus its enforcement on individuals who pose a threat to national security, public safety, and/or border security and take an individualized approach in each case. The memo contextualizes this prioritization with analysis of the undocumented population within the U.S., the executive's discretion in this area, and the need to protect against civil rights and civil liberties abuses.
This guidance went into effect on November 29, 2021.
View DocumentCurrent Status
Not in effectJanuary 20, 2021Acted on by Biden Administration
January 20, 2021Acted on by Biden Administration
May 27, 2021Acted on by Biden Administration
September 30, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: InteriorAgencies Affected: ICEAssociated or Derivative Policies
- January 25, 2017 POTUS issues EO 13768, broadly expanding enforcement priorities and mandating enhancements to interior enforcement
- February 20, 2017 DHS memo implementing EO 13768 on "Enhancing Public Safety in the Interior"
- February 21, 2017 ICE implements EO 13767 and 13768; directs enforcement against all removable noncitizens and revises detention policy
Pre Trump-Era Policies
-
April 6, 2015
Obama administration ICE guidance directed OPLA to generally seek administrative closure or dismissal of cases that were not priorities, and to review information in incoming cases to determine whether, in a case that falls within an enforcement priority, unique factors and circumstances were present that may warrant the exercise of prosecutorial discretion.
Go to article on ice.gov
Documents
Trump-Era Policy Documents
-
Subsequent Action
Original Source:
Texas v. U.S., No. 6:21-cv-00016 (S.D. Texas, Aug. 19, 2021).
-
Subsequent Action
Original Source:
Texas v. US 5th Circuit Stay Order
Commentary
NIPNLG - Explainer: Fifth Circuit Stays Lower Court Order, Interim Enforcement Guidelines Remain in Effect
Go to article on nipnlg.org